HC orders salary, spl disability leave for cop in coma since 2021

Jaipur: Rajasthan high court has directed the state govt to grant special disability leave and release pending salary to a police constable who has been in a coma since he met with a road accident while on duty in August 2021.In an order passed on March 12 and uploaded Tuesday, Justice Anand Sharma allowed a writ petition filed by constable Narendra Singh Sisodia's wife, Sharda Kanwar. Sisodia was posted at Ramnagaria police station. According to the petition, Sisodia met with a serious accident on Aug 22, 2021, when the tyre of his motorcycle burst while he was on duty. "He suffered severe injuries in the incident and slipped into a coma. Medical experts later assessed his disability at 85%, and he has not regained consciousness since then. Since he was on duty at the time of the accident, he is entitled to benefits under Rule 99 of the Rajasthan Service Rules (RSR), 1951, which provides for special disability leave when a govt servant suffers disability while performing official duties," counsel for petitioner, Laxmikant Malpura, told TOI.The petitioner also relied on official communications from SHO, Ramnagaria police station, and a letter dated Oct 30, 2023, from the deputy commissioner of police, Jaipur East, confirming that Sisodia was on duty at the time of the accident.The state govt, however, opposed the plea, arguing that since no FIR was lodged, Sisodia being on duty was not conclusively established.The court, however, held that official reports and the unique disability ID showing 85% disability were sufficient to meet the conditions under the service rules. "Mere suspicion arising from the absence of an FIR or discrepancies in the police diary cannot deprive the employee of legitimate service benefits," the court held.Court also referred to Section 20(4) of the Rights of Persons with Disabilities Act, 2016, which protects govt employees who acquire disabilities during service.Allowing the petition, the court directed the authorities to grant special disability leave, release pending salary from Aug 2021 onwards, and continue paying regular salary as per entitlement till Sisodia's retirement. The police department has been asked to complete the process within 30 days of receiving the certified copy of the order.